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HELP ME!!!!!!!!

Featured Replies

I'm absolutely certain that it it was, at one point, kosher to purchase used under 21, because I personally have..maybe the law has changed? I would see if PK90 weighs in on this, if not, try contacting NJSP or possibly ATF yourself

 

 

Dave T

07628

2C:58-3 Purchase of Firearms

 

a. Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

 

c.tab.gifWho may obtain. No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase permit or firearms purchaser identification card shall be issued:

(4)tab.gifTo any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;

 

 

In NJ, you cannot purchase a handgun under 21 because you cannot get PPP under 21.

While the PD may have messed up in issuing you permits, you can't legally have them.

 

As always, IANAL

I don't think the PD can actually issue a permit if you are less then 21, well I mean obviously they can when they screw up BUT:

 

2C:58-3 Purchase of firearms.

No handgun purchase permit or firearms purchaser identification card shall be issued:

(4)tab.gifTo any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;

 

So they should have never issued one. We also have:

 

2C:58-3. a. Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

 

Seeing how you need a permit for a private transfer, and you can't have a permit under 21, then no you can't buy a handgun under 21 in NJ. Not legally, anyway.

also can anyone confirm that you can buy a used handgun at 18 through a private sale in NJ??

 

I would get a solid answer on that one. And, you would have to be very careful concerning a 'straw purchase'.

 

It is probably better that you got the pistol permit even though you cannot use it after applying... much better than getting denied (even for age).

I'm absolutely certain that it it was, at one point, kosher to purchase used under 21, because I personally have..maybe the law has changed? I would see if PK90 weighs in on this, if not, try contacting NJSP or possibly ATF yourself

 

 

Dave T

07628

 

I know in the early 90's it was still legal to obtain and use PPPs to buy/transfer handguns to 18,19 and 20 year olds under NJ law, when that changed I don't know. Federal law (I believe from the GCA of 68) prohibits FFLs from selling handguns to anyone under 21, there is no federal prohibition on FTF sales to 18-20 year olds if the buyer and seller are following all the other relevant laws.

I would still go to your local PD, and say what do I do now? Maybe if the chief writes a letter to the SP or ATF, there is some kind of expemption you could get? I'm not saying it's likely at all, but still you didn't know you had to be 21, you applied for a P2P and got approved, you ordered & bought a handgun. And no one said anything until you were ready to take it home.

Do you have a family member that can purchase the gun for you and then next year you just transfer it into your name? My dads PPP process took close to 4-5 months so i used an expiring permit to buy his glock 19 and as soon as he got the permit we just filled it out as i was the seller.

 

Correct me if i am wrong but aren't you able to use a pistol under the age of 21? So even if a family member "purchased" it you can still keep it and take it back and forth to the range. Yes i agree it sucks but also better than waiting a year if you can get around it.

Do you have a family member that can purchase the gun for you and then next year you just transfer it into your name? My dads PPP process took close to 4-5 months so i used an expiring permit to buy his glock 19 and as soon as he got the permit we just filled it out as i was the seller.

 

Correct me if i am wrong but aren't you able to use a pistol under the age of 21? So even if a family member "purchased" it you can still keep it and take it back and forth to the range. Yes i agree it sucks but also better than waiting a year if you can get around it.

 

Negative about him being able to take it to and from the range. Unless the other family member went to the range with him everytime. I can't even hand my pstol to my wife for her to take it to the range is this messed up state.

  • 5 months later...
  • Author

This finally got resolved - The Dealer sold it to someone else. He also gave me a full refund plus NICS, So I was very happy about that!!! Not a bad guy after all!!

Glad it worked out for you.

 

For arguments sake:

 

 

2C:58-3 Purchase of Firearms

 

a. Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

 

This says you can't receive/purchase a handgun unless you've secured a p2p first. He has a p2p so this law isn't broken if he purchased the gun.

 

c.tab.gifWho may obtain. No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase permit or firearms purchaser identification card shall be issued:

(4)tab.gifTo any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;

 

This highlights that the PD 'broke the law' for issuing the p2p to someone under 21 but doesn't state any laws broken for the person receiving the p2p.

 

So, what laws would the OP break if he got the gun?

Worst case he will keep it in his safe until the magic date rolls around. I agree with the others - this rots!

 

 

i also missed it was resolved. Glad it worked out for you

I turn 21 Next year in March. Yea that's the other part is the dealer won't refund it because he had to order it!!

So what... he should be able to sell the gun in an election year unless it is something crazy. Maybe he could issue you a store credit. Edit just read all the way through. Glad it was resolved. Truly the right thing to do.

If you paid by credit id just do a charge back.

If I recall and it hasn't changed, you can do a face to face for a used gun before 21. That's how I got mine at 18. My neighbor got them for me. I just paid and got the permits.

It sounds as if your neighbor did a straw purchase for you. Illegal for both of you.

 

I originally quoted your post but realized that was not too smart either! I would suggest you delete your post.

 

Of course, I may have totally misread your post and I should delete mine instead!

Dunno, this was back in 1978 or so. Completely legal then according to the PD. The law was (which sounded stupid at he time) is I could buy used guns from private owners but not new guns from stores. So he got permits, bought the guns, I got permits , bought them from him. Police Chief knew all about it, signed off on it. What can I tell ya...

 

It sounds as if your neighbor did a straw purchase for you. Illegal for both of you.

 

I originally quoted your post but realized that was not too smart either! I would suggest you delete your post.

 

Of course, I may have totally misread your post and I should delete mine instead!

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

 

Just so you guys know th federal crap on this only applies to gun dealers selling, there is no federal law for owning a handgun at age 18. There are plenty of state where it is legal for someone who is 18 to buy a handgun through a personal sale.

 

I agree 100% with WTF with not being able to buy a handgun, but you can go to war. This is what you get when you let stupid people vote unfortunately.

 

What he said...^^^

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

So evidently by the several here that all did this years ago, maybe the law has changed. Because it was possible eons ago. ( shrug)...

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

If you payed he can't just keep the money..... maybe offer him to either A:pay him a little to hold it for a year, B: pay him a little to make up the trouble

 

That's what I thought too ....but a shop I dealt with for the first time earlier this year ...appearantly believes so...the short version is ...they had a gun in store at a fair price that no one short of online for more after fees had .....salesman talked me into putting gun on "layaway" while waiting for my next round of permits which by past experience should have been within a couple days... So when I returned with the cash...he mentioned if I paid in full I could shoot at the range that day..and they'd hold the gun until permits were obtained...up to a year...so I bit....paperworked filled out... Paid in full....and the last "paper to sign" as i was about to buy ammo and head tonthe range..was a form stating that there were no returns or credits etc of any sort for any reason....not a restocking fee....they keep all your money and the gun if there were to be an issue with you being able to complete the transaction.....I immediately refused to sign that..based on the fact that crazy things happen and while I am an upstanding citizen with not so much as a parking ticket in 20 yrs...I've heard of cases of.human error/incorrect information poping up on people....after handing over more than $1000...no way was I going to sign such a paper...he said whether I sign it or not...that's store policy and it wouldn't matter....so I stressed daily until I got the call from my pd that the permits are done...3 weeks longer than usual....I had no issues with completing ...but based on that policy alone I will not do business with them ever again even with permit in hand....I can appreciate a restocking/inconvience fee being charged for them holding it and possibly could have sold it while on hold....but it's a firearm not eggs it will sell regardless.....just seems wrong in principle to me....

Dunno, this was back in 1978 or so. Completely legal then according to the PD. The law was (which sounded stupid at he time) is I could buy used guns from private owners but not new guns from stores. So he got permits, bought the guns, I got permits , bought them from him. Police Chief knew all about it, signed off on it. What can I tell ya...

 

 

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

 

 

Good to know and you are good to go! It shows how much more restrictive the state has become since then.

Want to hear something dumber then? Mind you, I'm stirring up some serious cob webs. I wasn't allow to buy ammo till 21. But guns were ok. No FID card needed at he time, just needed to be 21... Ok to have ammo as long as an adult bought it. So you want to scratch your head, figure that one out.

 

Then, by time I started part time with the pd, they said could not carry till I qualified. I said, "Chief, I already have a NJ carry permit. Are you saying that I can carry anywhere in NJ except my own town?" He scratched his head and said, "You are right... Now get on the road!"...

 

Things have changed. Big clunky police radios in cars, nightsticks, (mine still sits behind my couch, cant twirl it anymore though), handhelds the size and weights of bricks, (still have mine somewhere), long stainless steel whips... The good all days in what Will Smith referred to as those Ford POS's... (LTDs)...

 

 

 

Good to know and you are good to go! It shows how much more restrictive the state has become since then.

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

If I recall and it hasn't changed, you can do a face to face for a used gun before 21. That's how I got mine at 18. My neighbor got them for me. I just paid and got the permits.

The law in NJ was changed at some point, I know in the early 90's it was still legal for 18-20 year olds to buy HG's FTF. The, no buying a HG from a dealer until you're 21, is a federal reg that is in the GCA of 1968.

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